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BROCK v. FIRST SOUTH SAVINGS ASSN.

Docket No. C010144.

8 Cal.App.4th 661 (1992)

10 Cal. Rptr.2d 700

HAROLD A. BROCK et al., Plaintiffs and Respondents, v. FIRST SOUTH SAVINGS ASSOCIATION, Defendant and Appellant.

Court of Appeals of California, Third District.

July 31, 1992.

Attorney(s) appearing for the Case

COUNSEL

Miller, Starr & Regalia, Edmund L. Regalia, Gary E. Rosenberg, Michael J. Hassen, Kronick, Moskovitz, Tiedemann & Girard, and Sherri M. Kirk for Defendant and Appellant.

Jay-Allen Eisen, Ann Perrin Farina, Paul Nicholas Boylan and Douglas C. Phimister for Plaintiffs and Respondents.

OPINION

SIMS, Acting P.J.

In this case we must decide which of two liens arising simultaneously out of a single transaction for the sale of real property — a vendor's lien and a purchase-money deed of trust — has priority. We shall hold that under common law principles codified in the pertinent statutes, the purchase-money deed of trust prevails.

Plaintiff and respondent Harold A. Brock1

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